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SPHERE AND DUTIES OF GOVERNMENT.

infallible means of creating an inviolable regard for the rights of others. This is, at the same time, the only way to act worthily on man's character, since we must not lead or compel him to certain actions, but only bring him to them by a consideration of the consequences, which, according to the nature of things, must flow inevitably from his conduct. Hence, instead of all the more artificial and complicated means for averting crime, I would never propose anything but good and well-matured laws; punishments adapted, as to their absolute measure, to local circumstances, and, as to their relative degree, to the immorality of the crime; as minute a search as possible into all actual transgressions of law; and, lastly, the certainty of the punishment determined by the judge, without any possibility of lightening its severity. Should these means, so simple in their operation, be somewhat slow in their effects, as I will not deny they may be, they are, on the other hand, sure and infallible; they do not hurtfully affect the freedom of the citizen, and they exercise a salutary influence upon his character. I need not dwell longer on this subject, to point out the consequences of the positions here laid down, as, for instance (a truth so often observed), that the right of the sovereign to grant reprieve or mitigation of the punishment cannot at all be allowed. Such consequences are easily derived from the positions themselves. The detail of arrangements to be adopted by the State for the discovery of crimes actually committed, or for the prevention of those which are only resolved upon, depends almost entirely on tie individual circumstances of particular situations. TTe may only generally observe that neither in this case must the political power transgress its rights, and hence that it must not do anything contrary to the freedom and domestic security of the citizens. But it may appoint proper officers to be on the watch in public places where misdemeanors are most commonly committed;